[HISTORY: Adopted by the Town Board of the Town of Fishkill
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-1-1981 by L.L. No. 15-1981]
The local laws, ordinances and certain resolutions of the Town of Fishkill referred to in § 1-2 of this local law shall be known collectively as the "Code of the Town of Fishkill," and the various parts and sections of such local laws, ordinances and resolutions shall be distributed and designated as provided and set forth in § 1-2 of this local law.
Derivation Table.[1]
[1]
Editor's Note: The Derivation Table, which detailed the derivation
of materials included in the 1978 Code, is on file in the Town offices
as part of original L.L. No. 15-1981.
All local laws and ordinances of a general and permanent nature adopted by the Town Board of the Town of Fishkill and in force on the date of the adoption of this local law, and not cited in the table in § 1-2 hereof, are hereby repealed as of the effective date of this local law, except as hereinafter provided.
The repeal of local laws and ordinances provided for in § 1-3 of this local law shall not affect the following classes of local laws, ordinances, resolutions, rights and obligations, which are hereby expressly saved from repeal:
A.
Any
right or liability established, accrued or incurred under any legislative
provision of the Town of Fishkill prior to the effective date of this
local law or any action or proceeding brought for the enforcement
of such right or liability.
B.
Any
offense or act committed or done before the effective date of this
local law in violation of any legislative provision of the Town of
Fishkill or any penalty, punishment or forfeiture which may result
therefrom.
C.
Any
prosecution, indictment, action, suit or other proceeding pending,
or any judgment rendered prior to the effective date of this local
law brought pursuant to any legislative provision of the Town of Fishkill.
D.
Any
franchise, license, right, easement or privilege heretofore granted
or conferred by the Town of Fishkill.
E.
Any
local law, ordinance or resolution of the Town of Fishkill providing
for the laying out, opening, altering, widening, relocating, straightening,
establishing grade, changing name, improvement, acceptance or vacation
of any right-of-way, easement, street, road, highway, park or other
public place within the Town of Fishkill, or any portion thereof.
F.
Any
ordinance or resolution of the Town of Fishkill appropriating money
or transferring funds, promising or guaranteeing the payment of money
or authorizing the issuance and delivery of any bond of the Town of
Fishkill, or other instruments or evidence of the Town's indebtedness.
G.
Local
laws, ordinances or resolutions authorizing the purchase, sale, lease
or transfer of property, or any lawful contract or obligation.
H.
The
levy or imposition of special assessments or charges.
I.
The
dedication of property.
J.
Any
local law, ordinance or resolution relating to salaries, providing
for employee benefits, establishing policies pertaining to personnel,
including working hours, or making appointments.
K.
Any
ordinance or resolution establishing a water, sewer, lighting, garbage
or other special purpose district.
L.
Any
amendment to the Zoning Map adopted as a part of the Zoning Local
Law of December 27, 1977, Local Law No. 5-1977, as amended.
M.
Any
local law, ordinance or resolution adopted subsequent to December
1977.
N.
Any
legislation relating to tourist homes or trailers.
O.
Any
legislation authorizing the placement of traffic signs in the Town.
P.
Any
legislation granting tax exemptions to senior citizens.
In compiling and preparing the local laws, ordinances and certain resolutions of the Town for publication as the Code of the Town of Fishkill as distributed and designated in the table in § 1-2 hereof, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made.
If any clause, sentence, paragraph, section, Article or part of this local law or of any local law, ordinance or resolution cited in the table in § 1-2 hereof shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, Article or part thereof directly involved in the controversy in which such judgment shall have been rendered.
A copy of the Code of the Town of Fishkill, in loose-leaf form,
has been filed in the office of the Town Clerk of the Town of Fishkill
and shall remain there for the use and examination of the public until
final action is taken on this local law, and if this local law shall
be adopted, such copies shall be certified to by the Town Clerk of
the Town of Fishkill, and such certified copies shall remain on file
in the office of said Town Clerk to be made available to persons desiring
to examine the same during all times while the said Code is in effect.
Any and all additions, deletions, amendments or supplements
to any of the local laws, ordinances and resolutions known collectively
as the "Code of the Town of Fishkill," or any new local laws, ordinances
or resolutions, when enacted or adopted in such form as to indicate
the intention of the Town Board to be a part thereof, shall be deemed
to be incorporated into such Code so that reference to the Code of
the Town of Fishkill shall be understood and intended to include such
additions, deletions, amendments or supplements. Whenever such additions,
deletions, amendments or supplements to the Code of the Town of Fishkill
shall be enacted or adopted, they shall thereafter be printed and,
as provided hereunder, inserted in the loose-leaf book containing
the said Code, as amendments and supplements thereto. Nothing contained
in this local law shall affect the status of any local law, ordinance
or resolution contained herein, and such local laws, ordinances or
resolutions may be amended, deleted or changed from time to time as
the Town Board deems desirable.
It shall be the duty of the Town Clerk, or someone authorized
and directed by the Town Clerk, to keep up-to-date the certified copies
of the book containing the Code of the Town of Fishkill required to
be filed in the office of the Town Clerk for the use of the public.
All changes in said Code and all local laws, ordinances and resolutions
adopted by the Town Board subsequent to the enactment of this local
law in such form as to indicate the intention of said Town Board to
be a part of said Code shall, when finally enacted or adopted, be
included therein by temporary attachment of copies of such changes
or local laws or resolutions until such changes or local laws, ordinances
or resolutions are printed as supplements to said Code book, at which
time such supplements shall be inserted therein.
Copies of the Code book containing the Code of the Town of Fishkill
may be purchased from the Town Clerk of the Town of Fishkill upon
the payment of a fee to be set by resolution of the Town Board, which
may also arrange by resolution for procedures for the periodic supplementation
thereof.
The Town Clerk of the Town of Fishkill, pursuant to law, shall
cause to be published, in the manner required, a notice of the introduction
and enactment of this local law in the official newspaper of the Town.
A copy of the Code of the Town of Fishkill shall be maintained in
the office of the Town Clerk for inspection by the public at all times
during regular office hours. The enactment and application of this
local law, coupled with the availability of a copy of the Code for
inspection by the public, shall be deemed, held and considered to
be due and legal publication of all provisions of the Code for all
purposes.
Any person who, without authorization from the Town Clerk, changes
or amends, by additions or deletions, any part or portion of the Code
of the Town of Fishkill, or who alters or tampers with such Code in
any manner whatsoever which will cause the legislation of the Town
of Fishkill to be misrepresented thereby, or who violates any other
provisions of this local law shall, upon conviction thereof, be guilty
of a violation pursuant to the Penal Law of the State of New York,
punishable by a fine of not more than $250 or by imprisonment for
not more than 15 days, or by both such fine and imprisonment.
This local law shall take effect immediately upon filing with
the Secretary of State of the State of New York.
